Man gets 3.5 yrs for attempt to rape woman he married

MUMBAI: A sessions court on Friday convicted and sentenced a 31-year-old man to three-and-a-half years of rigorous imprisonment for attempting to rape his 21-year-old girlfriend in 2017.
The conviction came even as the accused, out on bail, went on to marry the woman after she deposed during the trial and subsequently had a child with her
Judge A B Sharma observed that the submission by the accused that he had married the woman was not sufficient to discard evidence brought on record by the prosecution. "...That the accused and victim are married" and have had a child "does not go to rescue the accused", the judge said.
He, however, added that the minimum sentence would suffice to meet the ends of justice. Among factors the judge considered was that he had a wife and child. "The end goal...is not only deterrence, but also correctional and reformative," he said, adding the sentence had to be proportionate to the gravity of offence. "The accused is not a previous convict...is aged 31 years. Under such circumstances, the maximum punishment is not warranted."
Rape accused is sole breadwinner: Woman
While handing a 3.5 years rigorous imprisonment sentence to a man accused of raping his then girlfriend who he subsequently married, the court said the sentence had to be proportionate to the gravity of the offence. The accused was also fined Rs 5,000. The woman and the child were present in court when the verdict was delivered. The woman broke down and said that the accused was the family's sole breadwinner.
During arguments on sentencing, opposing the defence's submissions on the marriage, special public prosecutor Geeta Sharma argued that the court has no power to overlook evidence brought on record in the light of the subsequent event. It is the duty of the court to set an example by convicting the accused for such a heinous offence, Sharma submitted.
Defence advocate SK Ali along with advocate Shabi Fatima had urged the judge to show leniency and consider the time spent in jail by the accused before being released on bail. The advocate said the accused was poor and did not have money to furnish the surety, and hence was behind bars for 18 months after the chargesheet was filed. He has married the victim, and the court must take this into account, Ali submitted.
The rape survivor had deposed in 2021 during the trial. She said for six months before the incident on August 15, 2017, she was in a relationship with the accused. She said while her family was aware of it, they did not marry as the accused was unemployed. Recounting the incident, she said the accused took her to a tailoring unit and attempted to rape her. She said she found a blade at the spot and attacked him on his private parts. Later she went home and told her family. They went to the police and an FIR was registered.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)